ISLAMABAD, May 08 (Online): Chief Justice of Pakistan (CJP) Umar Ata Bandial has remarked the plea for formation of full court has not been made in good words in the petition.
He further remarked the court has understood it. If objection is raised then the judge has to decide if he should hear the case or otherwise.
It has to be determined for future in this case that bench can say for formation of full court under what circumstances. The court needs more assistance in this regard. The present case is not of constitutional amendments. Justice Iftikhar Chaudhry and Justice Faez Isa cases were on presidential references. If the allegations are leveled against the judges then trial of Supreme Court (SC) is done. Full court was constituted being the matter of serious nature. The SC nullified the references against both the judges. Counsels should give example of full court in some other case.
The petitions filed against Supreme Court Practice and Procedure Bill -2023 came up for hearing before an 8-mmeber larger bench presided over by the CJP here Monday.
AGP argued formal and informal contact has been made with speaker office in connection with parliamentary record. It is expected the record of parliamentary proceedings will be provided till tomorrow.
He argued the court has maintained that the basic structure of constitution exists. The independence of judiciary is basic ingredient of the constitution. The matter of formation of benches and appeal has been decided in the law. Full court had framed the rules of SC. Only full court makes amendment in SC rules. The right to change the counsel has also been given in judicial reforms bill. The decision and case regarding independence of judiciary and rules should also be heard by the full court.
Justice Ijaz ul Ahsan remarked the question is powers for legislation and not amendment in rules.
Justice Mazahir Naqvi inquired has such legislation been enacted in the past. How can such legislation are enacted in the presence of article 91.
Justice Ayesha Malik remarked any bench of SC can hear any case. Does the government want to take advantage of full court? Every case is important. How will it be believed that full court should hear what case? was every case of independence of judiciary heard by full court. Do you want to say the people have trust on full court? How should the court regulate its proceedings on the desire of the petitioner?
Justice Ayesha Malik while addressing AGP remarked your logic is beyond comprehension that the verdict of full court will be good and decision of three members’ bench will be bad. High court hears the petitions against laws. Has request been made in high court for formation of full bench.
She further remarked there is question on maintainability of petition seeking formation of full court. The cases come on daily basis. The court decides on the objections of petitioners.
The AGP told the court the request for formation of full court can be made when it deems proper. Mention is made of at least five judges in law.
Justice Shahid Wahid observed can bench order CJP to constitute full bench. You are praying the court to order CJP in your petition. Can the court order the CJP.
Barrister Salah ud Din counsel for PML-N said the implementation of the law was stopped through stay order for the first time.
The court adjourned the hearing of the case for three weeks due to non availability of a judge.
The court also ordered AGP to submit the record of proceedings of parliamentary committee today (Tuesday).
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